April 26 - 30, 2007. Right-based theories of morals and law, and weak paternalism
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Teaching Personnel:
Professor Vossenkuhl - Ludwig Maximilians Universitaet
Professor Schrothh - Ludwig Maximilians Universitaet
The right- based theories of moral and law, and weak paternalism
The rise of right-based political and moral theories is traditionally seen as involving a development towards anti-paternalism. However, many right-based, in the wider sense ‘liberal’ theories, advocate a considerable degree of (at least weak) paternalism, that is often justified with the aim of autonomy-enhancement or with the claim that the agents, if rational, would consent to the paternalistic measures.
The seminar’s aim is to explore, starting from Kant’s legal theory, to what extent a consistent right-based moral viz. legal theory allows for such strategies: What degree of (weak) paternalism is such a theory compatible with?
Seminar program (overview)
Contact
Chiara Bianchini - LMU Seminars Coordinator
| Kant’s strongly antipaternalistic theory of rights | |
| - Kant’s moral theory - Kant’s concept of law - The overall antipaternalism of Kant’s legal theory |
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| Consent-based strategies of justifying (weakly) paternalistic measures | |
| - Rawls’ ‘insurance scheme’ strategy - VanDeVeer on hypothetical individualized consent - Kleinig’s argument from personal integrity |
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| ‘Protecting the agent’s future autonomy’. The classical problem cases for anti-paternalism | |
| - Autonomy-enhancement justifications for paternalistic measures - The inherent slide towards perfectionism (Raz) - Can one coherently ‘play off’ future autonomy vs. present freedom of decision. Alternative conceptions of human identity (Parfit, Buchanan) |
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| Alternative professedly ‘antipaternalistic’ strategies to justify paternalistic measures | |
| Is overall rejection of weak paternalism coherent with our conception of rational agency? | |
| - Requirements of internal rationality for intentional actions (Brock) - Substantial requirements on autonomy, esp. principled autonomy accounts (O’Neill) |
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Contact
Chiara Bianchini - LMU Seminars Coordinator
Tel. + 39 041 2719511
Fax. + 39 041 2719510
